HARI SINGH Vs. BANK OF BRODA

JUDGEMENT

(1.) This petition is directed against the order of the executing Court dated 6.9.1988 whereby the objection petition filed by the judgment debtor with regard to the attachment of his property was dismissed.

(2.) The Bank of Broda had got a decree for the recovery of money along with future interest thereon against the judgment debtor Hari Singh. In execution the Bank attached the property on which already a specific charge was created by the judgment debtor. It was pleased (pleaded) by the judgment debtor that the house constructed on the land mortgaged was the only house for his living and, therefore, it was exempted from attachment. The executing Court found that since a specific charge was created on Khasra No. 163/25/1/0-8 the objection was not tenable. The objector could not by construction of a residential house on the said land get exemption from attachment.

(3.) The learned counsel for the petitioner submitted that in the suit also, the plaintiff claimed that the said land was under mortgage but the decree was passed only for recovery of money. Thus, argued the learned counsel, since thee was no decree for sale of the property, the executing Court could not go behind the decree.